Chapter 9.08


9.08.010    Disorderly conduct prohibited.

9.08.020    False alarms prohibited.

9.08.030    Improper use of 911 Universal Emergency Access Telephone Number prohibited.

9.08.040    Obedience to officers.

9.08.050    Gambling, lotteries, fraudulent devices and practices prohibited.

9.08.060    Prostitution prohibited.

9.08.070    Harassing or obscene telephone calls.

9.08.080    Noise emissions.

9.08.100    Garbage, trash and construction operation times.

9.08.110    Repealed.

9.08.120    Smoking prohibited.

9.08.130    Penalty for violation of this chapter.

9.08.010 Disorderly conduct prohibited.

No person shall, within the city:

A.    In any public or private place, engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or other disorderly conduct which tends to cause or provoke an immediate disturbance of public order;

B.    Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest. (Ord. 1597 § 2 (part), 1997; prior code § 9.05)

9.08.020 False alarms prohibited.

No person shall give or send or cause to be given or sent, in any manner, any alarm of fire or other emergency which he knows to be false. (Prior code § 9.07)

9.08.030 Improper use of 911 Universal Emergency Access Telephone Number prohibited.

A.    Intent. No person shall utilize the Universal Emergency Access Telephone Number, hereinafter referred to as “911,” for any other purpose than to report situations constituting exigent or emergency circumstances.

B.    No person shall use a telephone to make a call originating within the city or received within the city which utilizes the 911 telephone number to report an emergency knowing that the fact situation which he or she reports does not exist.

C.    Exigent and emergency circumstance defined. Exigent and emergency circumstances are defined, for purposes of this section, as a situation in which immediate response by public safety personnel is essential to address an existing or very probable situation involving, but not necessarily limited to, one or more of the following:

1.    Bodily harm or life-threatening illness or condition;

2.    Property damage or loss, in progress;

3.    Escape of a suspect in a criminal offense or its municipal offense counterpart;

4.    Fire and smoke reports. (Amended during 1997 codification; prior code § 9.075)

9.08.040 Obedience to officers.

No person shall resist, refuse to obey, or in any way interfere with any officer of the city while such officer is doing any act in his official capacity and with lawful authority, or shall refuse to assist an officer in carrying out his duties when so requested by the officer. (Prior code § 9.08)

9.08.050 Gambling, lotteries, fraudulent devices and practices prohibited.

A.    All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the city.

Any police officer of the city may seize anything devised solely for gambling or found in actual use for gambling within the city and may dispose thereof after a judicial determination such device was used solely for gambling or found in actual use for gambling.

B.    This provision shall apply to and include an off-duty officer who, by departmental rule, shall resume duty upon observing an offense and take appropriate action with respect thereto. If out of uniform, such officer shall identify himself as an officer and exhibit his badge, whereupon these provisions immediately shall be invoked. If in uniform, no such identification or exhibition of badge shall be necessary to invoke the provisions of this section. (Prior code § 9.09)

9.08.060 Prostitution prohibited.

No person shall operate or be an inmate of a house of prostitution or engage in prostitution within the city. (Prior code § 9.10)

9.08.070 Harassing or obscene telephone calls.

A.    No person shall do any of the following by means of telephone calls originating within or received within the corporate limits of the city:

1.    Make any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent with intent to frighten, intimidate, threaten or abuse;

2.    Make a telephone call, whether or not conversation ensues, with the intent to abuse, threaten or harass any person at the called number or numbers;

3.    Make or cause the telephone of another repeatedly or continuously to ring with intent to harass any person at the called number or numbers;

4.    Make repeated telephone calls during which conversation ensues solely to harass any person at the called number or numbers;

5.    Knowingly permit any telephone under his control to be used for a purpose prohibited by this section;

6.    In conspiracy or concert with other persons, make repeated calls or simultaneous calls solely to harass any person at the called number or numbers;

B.    Once the caller has been told by the person receiving the call not to call again, but repeats the call, the caller’s intent to harass shall be presumed;

C.    Violations of this section shall be subject to the penalties provided in Chapter 1.12. (Ord. 1597 § 2 (part), 1997; prior code § 9.30)

9.08.080 Noise emissions.

A.    Air Conditioning Equipment. No person shall cause, suffer or allow any air moving, conditioning or cooling equipment of any nature or kind to be so operated or maintained as to cause any unusual or excessive noise which disturbs the comfort, quiet or repose of persons in the vicinity thereof and, to this end, all available and reasonable sound deadening and muffling devices and practices shall be employed.

B.    Loading Merchandise at Stores. No person shall cause, suffer or allow any unnecessary or unreasonably loud or harsh sound by means of the loading or unloading of merchandise at stores between the hours of eleven p.m. and six a.m. which shall disturb the comfort, quiet or repose of persons in the vicinity thereof.

C.    No person, property owner or its agents or employees, or tenant or its agents or employees may cause, permit, suffer or allow any truck, tractor, tractor trailer, or other vehicle to be stopped or parked on a business, commercial or industrial property adjacent to a residential district with the vehicle’s engine activated or any externally audible motor in or on said vehicle activated between the hours of eleven p.m. and six a.m. except if stopped in an off-street customer parking area. If reasonably possible, the subject vehicle shall be stopped or parked in the parking area such that a commercial or industrial building located on the subject property shall be situated between the vehicle and the residential district, the intent being that the commercial or industrial building shall act as a sound buffer between the vehicle and the residential district. (Ord. 1662 Part I, 1998; prior code § 9.31)

9.08.100 Garbage, trash and construction operation times.

It is the intent of this section to control noise generated by construction and garbage and trash collection activities. Noise generated by approved residential and nonresidential recreation, vehicular, emergency, agricultural, public works, lawn maintenance or snow removal equipment are not to be regulated by the following requirements. Some of the aforementioned uses are regulated by other existing ordinances.

A.    Garbage and Trash Collection Operation Times. For all residential and nonresidential properties, the collection of garbage and trash shall be performed from seven a.m. to seven p.m. inclusive. Nonresidential properties where the garbage container is located five hundred fifty (550) feet or more from the nearest residential dwelling are exempt from the foregoing restrictions.

B.    Construction. No person, firm or corporation shall at any time between the hours of seven p.m. and seven a.m. create any loud or sharp noises, concussions or disturbing sounds associated with the construction, excavation, demolition, alteration or repair of any building or development as may tend to annoy or disturb a reasonable person. (Ord. 2155-08 § 1, 2008: prior code § 9.21)

9.08.110 Smoking on school premises.

Repealed by Ord. 2597-20. (Prior code § 9.35)

9.08.120 Smoking prohibited.

A.    Findings.

1.    The common council adopts the findings stated in Section 9.05.010.

2.    Additionally, the common council of the city of Brookfield finds that:

a.    The smoking of cigarettes and tobacco products is hazardous to an individual’s health and affects the health of nonsmokers when they are in the presence of smoking.

b.    Numerous scientific studies have found that tobacco smoke is a major contributor to indoor pollution.

c.    Reliable scientific studies, including studies conducted by the Surgeon General of the United States, have shown that breathing sidestream or secondhand smoke is a significant health hazard to nonsmokers; particularly to children, the elderly, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.

d.    Health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, bronchoconstriction, and bronchospasm.

e.    Air pollution caused by smoking is an offensive annoyance and irritant and smoking results in serious and significant physical discomfort to nonsmokers.

B.    Definitions. Except as set forth below, the definitions of Section 101.123(1), Wisconsin Statutes, are hereby adopted. In this section:

“Electronic smoking device” means the same as in Section 9.05.020(A).

“School grounds” means the same as defined in Section 895.523(1)(g), Wisconsin Statutes, but shall also include any grounds under the control of a school board.

“Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. “Smoking” also includes the use of an electronic smoking device which creates an aerosol or vapor in any manner or in any form or the use of any oral smoking device.

C.    Adoption of State Law. Except as expressly altered by this section, Section 101.123, Wisconsin Statutes, as amended, is hereby adopted and made part of this code by reference.

D.    Prohibition.

1.    No person shall smoke in any place prohibited by Section 101.123(2), Wisconsin Statutes, as amended, unless the exceptions listed in Section 101.123(3), Wisconsin Statutes, as amended, apply.

2.    No person shall smoke, use any tobacco product, or place any tobacco product in one’s mouth on any school grounds.

E.    Outside Areas. Any person in charge of a restaurant, tavern, private club, or retail establishment that is subject to this section may designate an outside area that is a reasonable distance from the entrance to said establishment where customers, employees, or persons associated with the establishment may smoke. The designated smoking area shall contain receptacles for trash and cigarette butts and shall be kept in a neat and orderly manner, and all trash or cigarette butts shall be placed in a proper receptacle.

F.    Penalties. Notwithstanding Section 9.08.130, any person who violates this section shall forfeit not less than one hundred dollars ($100.00) nor more than two hundred fifty ($250.00) for each violation. Any person in charge who violates Section 101.123(2m), Wisconsin Statutes, shall forfeit one hundred dollars ($100.00) for each violation. In addition to the forfeiture, any person who violates the provisions of this section shall pay the costs of prosecution, except for the crime laboratories and drug law enforcement surcharge under Section 165.755(1)(a), Wisconsin Statutes. Each day of violation shall constitute a separate offense.

G.    Enforcement. Prior to issuing a citation to a person in charge for a violation of this section, the police department shall first issue a written warning notice. Once a person in charge has been issued a warning, she/he may be issued citations for violations of this section but not to exceed one hundred dollars ($100.00) in total for all violations of Section 101.123(2m), Wisconsin Statutes, occurring on a single day. (Ord. 2597-20 § 1, 2020)

9.08.130 Penalty for violation of this chapter.

Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2552-19 § 5, 2019)